Bill

HB 4180

85(R) - 2017
House County Affairs
Senate Intergovernmental Relations
House County Affairs
Senate Intergovernmental Relations
County Government
Elections
Personal Property

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Positive

Author(s)

Garnet F. Coleman

Sponsor(s)

Lois Kolkhorst

Bill Caption

Relating to the creation, operations, functions, and regulatory authority of certain governmental entities and officials; changes in certain judicial procedures; imposing civil penalties. 

Fiscal Notes

A negative impact of ($344,000) through the biennium ending August 31, 2019.

Bill Analysis

Originally HB 4180 was designed to allow Angelina County and Brazos County to establish a health care provider participation program with all the attendant provisions that always accompany these county health care provider participation program bills. It has been greatly amended with the text of numerous other standalone bills tacked on as amendments. 

This bill would also establish that a county judge, in a meeting conducted by video conference, is the presiding officer of a commissioners court only when the judge is located where a public meeting is held. The membership and eligibility requirements of certain emergency services commissions would be updated.

The bill would permit the commissioners court of a county may dissolve an authority created by the commissioners court if the commissioners court and the authority provide for the sale or transfer of the authority‚Äôs assets and liabilities to the county. 

This bill would stipulate that a court that grants a petition for expunction of a criminal record or gives an order of non-disclosure of a criminal record may order that any fee, or portion of a fee, required be returned to the individual. Certain local judicial requirements would also be updated.

The bill stipulates that if a new law is proposed that establishes or adds territory to a special purpose district a notice would be required to be given to property owners in the area. The Comptroller would be required to create a public special purpose district information database. A political subdivision would be permitted to enter a contract to spend money to influence the outcome of any legislation only if the contract, purpose of the contract, recipient of the contract, and amount of the contract expenditure are authorized by a majority vote of the governing body of the political subdivision or entity in an open meeting of the governing body.

This is a summary of major provisions and not an exhaustive list of every provision. 

Vote Recommendation Notes

We were originally neutral on the bill to create the health care provider participation programs. However, numerous provisions were added which we supported elsewhere this session as standalone bills. Overall this bill would be a net positive for limited government and individual liberty. We specifically support the database of special purpose districts, updates to procedures for refunding fees after an order of expunction, and notice requirement for proposed new laws adding or expanding special purpose districts. We support HB 4180.

Organizations Supporting

County Judges and Commissioners Association of Texas
Mental Health America of Texas
Texas Association of Counties
Texas Conference of Urban Counties
Travis County Commissioners Court